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2011-05-17I I L CITY OF OKEECHOBEE 513 MAY 173 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 AGENDA I. CALL TO ORDER - Mayor: May 17, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Five -Year Longevity Service Award to Kelley Margerum B. Proclaim the week of June 6-10, 2011 as "Code Enforcement Officers' Appreciation Week." COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the May 17, 2011, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Bruce Simpson of the First United Methodist Church ; the Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent - Police Major Peterson was present Absent - Assistant Fire Chief Douglas was present Present Mrs. Kelley Margerum graciously accepted a framed Certificate of Longevity Service and a cross pen with her name engraved on it, for her five years and dedication as an employee with the City. Mayor Kirk read the certificate as follows: "Longevity Service Certificate - Presented To - Kelley Margerum - In Appreciation for Your 5 Years of Hard Work and Dedication with the City of Okeechobee, May 17, 2006 through May 17, 2011, Service is the lifeblood of any organization. Everything flows from itand is nourished by it The Cityand Your Fellow Citizens have Benefitted Greatly by Your Performance." 5-7 It MAY 17, 2011 -REGULAR MEETING -PAGE 2 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim the week of June 6-10, 2011 as "Code Enforcement Officers' Appreciation Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 3, 2011 Regular Meeting - City Clerk. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2011 Warrant Register: General Fund ................................ $401,857.82 Public Facilities Improvement Fund ............... $107,025.28 Capital Improvement Projects Fund ............... $ 29,449.39 Capital Improvement Projects Fund -Impact Fee Fund . $ 9,072.00 Mayor Kirk proclaimed June 6 through 10, 2011 as "Code Enforcement Officers'Appreciation Week"The following proclamation was read in its entirety for the record as follows: "WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, everyday, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim June 6 through June 10, 2011, as "CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK" in the City of Okeechobee." Code Enforcement Officer, Mr. Fred Sterling accepted the proclamation. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the May 3, 2011 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS -YEA MOTION CARRIED. Council MemberWatford moved approve the April 2011 Warrant Register, in the amounts: General Fund, four hundred one thousand, eight hundred fifty-seven dollars and eighty two cents ($401,857.82); Public Facilities Improvement fund, one hundred seven thousand, twenty-five dollars and twenty-eight cents ($107,025.28); Capital Improvement Projects Fund, twenty-nine thousand, four hundred forty-nine dollars and thirty-nine cents ($29,499.39); and Capital Improvement Projects Fund -Impact Fees, nine thousand seventy-two dollars and zero cents ($9,072.00); seconded by Council Member O'Connor. There was no discussion on this item. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 515 MAY 17, 2011 - REGULAR MEETING - PAGE 3 OF 6 1 AGENDA COUNCIL ACTION - DISCUSSION -VOTE VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral orwithdrawal of items on today's agenda? agenda. New Business Items E and F were added; Unfinished Business Item A and New Business Item A were withdrawn. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:11 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 1071 regarding Council Member Watford moved to read by title only proposed Ordinance No. 1071 regarding Impact Fees; seconded Impact Fees - City Attorney (Exhibit 1). by Council Member O'Connor. b) Vote on motion to read by title only. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1071 by title only. Attorney Cook read proposed Ordinance No. 1071 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING FOR IMPACT FEE PAYMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 1071. b) Public discussion and comments c) Vote on motion CLOSE PUBLIC HEARING. Council Member O'Connor moved to adopt proposed Ordinance No. 1071; seconded by Council Member Maxwell. Mr. Keith Kite, owner of Hampton Inn of Okeechobee, Mr. Terry Burroughs, Business Development Board, and Mr. Bryant Culpepper, County Commissioner, expressed their support of this ordinance, as it will show concern for the citizens during these hard economic times and should encourage future growth. The Council discussed supporting the suspension of impact fees will not be too inconsistent, since at the time the impact fees were first implemented, there was robust growth causing much impact on infrastructure. Since there is less activity, there is less impact. After a lengthy and difficult decision the vote was as follows. KIRK - YEA WATFORD - YEA MAXWELL-YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:55 P.M. O'CONNOR-YEA MOTION CARRIED. 57& MAY 17, 2011 - REGULAR MEETING - PAGE 4 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. UNFINISHED BUSINESS. A. Consider amendments to the Election Code - City Clerk (Exhibit 2). 111 This item was withdrawn from the agenda. X. NEW BUSINESS. A.1. a) Motion to read by title only and set June 7, 2011 as a final public hearing date for proposed Ordinance No. 1072 regarding pain management clinics - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1072 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1072. b) Discussion. c) Vote on motion. B. Consider summer meeting schedule - City Clerk (Exhibit 4). C. Consider Citizen Board Appointments - City Clerk (Exhibit 5) This item was withdrawn from the agenda. (Attorney Cook explained that the State of Florida Legislation passed a bill in regards to the pain management clinics effective July 1, 2011). Council Member Watford moved to approve the summer meeting schedule as presented in Exhibit Four (the Council will meet on June 21, July 19 and August 16 during the summer months); seconded by Council Member Williams. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to appoint Mrs. Louise Conrad, as an alternate member to the Code Enforcement Board term ending April 30, 2013; seconded by Council Member O'Connor. KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 J ► / I.V1I 1I, LV 1 1 - 1\LVV{d11% ITIGG 111\V - 1 AVL V Vf V 1 AGENDA COUNCIL ACTION - DISCUSSION - VOTE X. NEW BUSINESS CONTINUED. C. Consider Citizen Board Appointments continued. It was discussed that there are still openings on the General Employee/OUA and Police Pension Board. The delay of appointing members may result in state fines. There is still one more vacancy on the Code Enforcement Board as an alternate member. D. Motion to approve a Memorandum of Agreement with the Office of Council Member Watford moved to approve a Memorandum of Agreement with the Office of Tourism, Trade and Tourism, Trade and Economic Development for the implementation Economic Development for the implementation of the Rural Area of Critical Economic Concern (RACEC) re - of the Rural Area of Critical Economic Concern (RACEC) re- designation for another five-year term with an expiration date of April 22, 2016; seconded by Council Member Maxwell. designation for another five-year term with an expiration date of April 22, 2016 - City Administrator (Exhibit 6). Council MemberWatford moved to amend the Memorandum of Agreement to designate Council Member Devin Maxwell as the Elected or Appointed Official; and Executive Director of the Business Developoment Board, Mr. Brian Cartland as the Non -Profit Organization Engaged in Economic Development representative; seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. E. ITEM ADDED TO AGENDA: South Florida Water Management Mr. Gary Ritter, of South Florida Water Management, updated the Council on the recently appointed and reappointed District Board Member Update - Gary Ritter. Members to the South Florida Water Management District Board of Directors, by Governor Scott as follows: Ms. Melissa Meeker, Executive Director, Mr. Joe Collins, Chair, Mr. Kevin Powers, Vice -Chair and Mr. Daniel O'Keefe. There is still one more seat to be filled. No official action was necessary. F. ITEM ADDED TO AGENDA: Designation of the City's Council Member Watford moved to approve the designation of India Riedel as the City's Representative and Board Representatives to the Public Risk Management Health Trust Board Member and Brian Whitehall as Alternate to the Public Risk Management Health Trust per the requirements of Article - City Administrator. 6.1 of the Bylaws; seconded by Council Member O'Connor. VOTE KIRK - YEA T4WO T, — YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAY 17, 2011 - REGULAR MEETING - PAGE 6 OF 6 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II XI. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor Lane Gamiote (—'MC, City Clerk 61 There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:16 p.m. The next regular scheduled meeting is June 21, 2011 at 6:00 p.m. 1 CITY OF OKEECHOBEE MAY 3, 2011 REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES - lam^ ,�' L,rcfh CALL TO ORDER- Mayor TuA, May 17, 2011, City Council Regular Meeting, at, Z-r_ P.M. 11. OPENING CEREMONIES: Invocation given by the Reverend Br4.R Sim son of the First United Methodist Church; Pledge of Allegiance led by Mayor h�. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk - ✓ Council Member Devin Maxwell - Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams - i/ City Administrator Brian Whitehall -� City Attorney John R. Cook - City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner - Police Chief Denny Davis % 0, ,, Fire Chief Herb Smith - AI(�v AQCz l" Public Works Director Donnie Robbftson - 1V. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Five Year Longevity Service Award to Kelley Margerum. Mrs. Kelley Margerum graciously accepted a framed Certificate of Longevity Service and a cross pen with her name engraved on it, for her five years of service and dedication as an employee with the City. The certificate read as follows: "Longevity Service Certificate - Presented To - Kelley Margerum - In Appreciatio for Your 5 Years of Hard Work and Dedication with the City of Okeechobee 5 - D t through 012ZIJ Service is the lifeblood of any organization. Everything flows from it and is nourished by it The City and Your Fellow Citizens have Benef►tted Greatly by Your Performance." B. Proclaim the week of June 6-10, 2011 as "Code Enforcement Officers' Appreciation Week." Mayor Kirk proclaimed June 6 through 10, 2011 as "Code EnforcementOfticers'Appreciation Week."The following proclamation was read in its entirety for the record as follows: "WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible Individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim June 6 through 10, 2011 as "CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK" in the City of Okeechobee." Code Officer Fred Sterling accepted the proclamation. V. MINUTES - City Clerk A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the May 3, 2011 Regular Meeting; seconded by Council Member . KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTION CARRI VI. WARRANT REGISTE City Administrator. A. Council Member moved to approve the April 2011 Warrant Register, in the amounts: General Fund, four hundred one thousand, eight hundred fifty-seven dollars and eighty-two cents ($401,857.82); Public Facility Improvement Fund, one hundred seven thousand, twenty-five dollars and twenty-eight cents ($107,025.28); Capital Projects Improvement Fund, twenty-nine thousand, four hundred forty-nine dollars and thirty-nine cents ($29,449.39); and Capital Improvements Project Fund - Im act Fees, nine thousand seventy- two dollars and zero cents ($9,072.00); seconded by Council Member KIRK - YEA MAXWELL - YEA 0'C M0R,- YEA WATFORD - YEA WILLIAMS -YEA OTION CARRIED. VII. AGENDA - Mayor A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's - G s rto% o . aZ�,( "t/�3 F /ice u-r i /016 - 114 0 ka-nuw 06 -19 Vill. MAYOR " OP m THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT ,/ P.M. A.1. a) Council Member moved to read by title only proposed dsed Ordinance No.1071 regarding Impact Fees - City Attorney (Exhibit 1); seconded by Council Member 12 . b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA, ! WILLIAMS - YEA ION CARRIE C) Attorney h.' 'GCS read proposed Ordinance No. 1071 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING FOR IMPACT FEE PAYMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE." 2. a) Co ncil Member moved to adopt proposed Ordinance No. 1071; seconded by Council Member nn.J n�m monfc C) Vote on motion. "0 KIRK - YEA MAXW ELL - YEA WATFORD - YEA WILLIAMS - YEA MAYOR CLOSE PUBLIC HEARING AT P.M. N O'CONNOR-YEA OTION CARRIE� m tL �, /,l) 7 / (, OL,6 ttr-�-7,�L (D—t-y,lck 2�x ci Ifl-A Llw Ike 4 C(Ilz, \216 - �- 1w zat All ty 9L �d Jo 41-e- OhA Ct-,-9�-tA�Yilf CdZ& 1�15d Vv, (Z At "aw W) kl(� Pin IN �i A/c AL IX. UNFINISHED BUSINESS. A. Consider amendments to the Election Code - City Clerk (Exhibit 2). X. NEW BUSINESS. A.1.a) Council Member moved to read by title only and set June 7, 2011 as a final public hearing date for proposed Ordinance No. 1072 regarding pain management clinics - City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. KIRK - YEA WATFORD - YEA MAXWELL-YEA WILLIAMS - YEA C) City Attorney to read proposed Ordinance No. 1072 by title only. O'CONNOR-YEA MOTION CARRIED. 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 1072; seconded by Council Member b) Discussion. C) Vote on motion. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CkL� B. Consider summer meeting schedule - City Clerk (Exhibit 4). VOTE EA KIRK - YEA MAXWELL - YEA WATFORD - YEA WILLIAMS - YEA \�QTION CARRIED._ C. Consider Citizen Board Appointments - City Clerk (Exhibit 5). KIRK - YEA WATFORD - YEA 0 -� VOTE MAXWELL-YEA WILLIAMS - YEA ' NNA OTION CARRIED. D. Motion to approve a Memorandum of Agreement with the Office of Tourism, Trade and Economic Development for the implementation of the Rural Area of Critical Economic Concern (RACEC) re -designation for another five-year term withanexpiration date of April 22, 2016 - City Administrator (Exhibit 6). 2d� ems` �e /&Q &Y--k e 0 VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA ........_.._. WATFORD -YEA WILLIAMS -YEA �O7CARRIED;,? ..-,---' X. ADJOURN MEETING - Mayor. E ft}t There being no further items on the agenda, Mayor will be 2011 at 6:00 p.m. (6 � adjourned the meeting at 7%1/ p.m. The next meeting /'xI-C/ ✓ . _ _ t V' N-. 1,.-C.I_. /mac iX Cam/ V �l�flV ? UX -�-:, �7�7.f� - 717 CITY OF OKEECHOBEE MAY 3, 2011 REGULAR CITY OUNCIL MEETING HANDWRITTEN MINUTES - I. CALL TO ORDER - Mayor_: May 17, 2011, City Council Regular Meeting, at �P �I p.m. II. OPENING CEREMONIES: Invocation given by the Reverend Bruce Simpson of the First United Methodist Church; Pledge of Allegiance led by Mayor .�� t - III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk - Q kXw-,,� Council Member Devin Maxwell - Q� Council Member Mike O'Connor - QQ,.,k-)Z--. Council Member Dowling R. Watford, Jr. -( 4011; Council Member Clayton Williams - P, 4&4A - City Administrator Brian Whitehall - City Attorney John R. Cook - Ptk,N8 City Clerk Lane Gamiotea - @hV�, Deputy Clerk Melisa Jahner - Q A Q7�A v Police Chief Denny Davis - NVOA, P Q-A Q1i �A3X Qf�(1yzu Fire Chief Herb Smith - Co,&� C" 1-3pctvb.- p Public Works Director Donnie Robertson - fhJU 4' IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Five Year Longevity Service Award to Kelley Margerum. Mrs. Kelley Margerum graciously accepted a framed Certificate of Longevity Service and a cross pen with her name engraved on it, for her five years of service and dedication as an employee with the City. The certificate read as follows: "Longevity Service Certificate -Presented To - Kelle M rgerum - In Appreciation for Your 5 Years of Hard Work and Dedication with the City of Okeechobee 5 7 through Service is the lifeblood of any organization. Everything flows from it and is nourished by it The City and Your Fellow Citizens have Bener1tted Greatly by Your Performance." B. Proclaim the week of June 6-10, 2011 as "Code Enforcement Officers' Appreciation Week." Mayor Kirk proclaimed June 6 through 10, 2011 as "Code Enforcement Officers'Appreciation Week "The following proclamation was read in its entirety for the record as follows: "WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving 0 neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers. NOW THEREFORE,1, James E. Klrk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim June 6 through 10, 2011 as "CODE ENFORCEMENT OFFICERSAPPRECIATION WEEK" in the City of Okeechobee." Code Officer Fred Sterling accepted the proclamation.4 '*QncX d Cct'.!L V. MINUTES - City Clerk A. Council Member fto moved to dispense with the reading and approve the Summary of Council Action for the May 3, 2011 Regular Meeting; seconded by Council Member ML. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTION AA VI. WARRANT REGISTER - City Administrator. A. Council Member bL)-) moved to approve the April 2011 Warrant Register, in the amounts: General Fund, four hundred one thousand, eight hundred fifty-seven dollars and eighty-two cents ($401,857.82); Public Facility Improvement Fund, one hundred seven thousand, twenty-five dollars and twenty-eight cents ($107,025.28); Capital Projects Improvement Fund, twenty-nine thousand, four hundred forty-nine dollars and thirty-nine cents ($29,449.39); and Capital Improvements Project Fund - Impact Fees, nine thousand seventy- two dollars and zero cents ($9,072.00); seconded by Council Member IY10 KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA ION CAR VII. AGENDA - Mayor A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's . agenda? &A, A- : . - A i _ . \ ryl Vill. MAYOR XUI� OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT (p J I P.M. A.1. a) Council Member_ moved to read by title only proposed Ordinance No.1071 regarding Impact Fees - City Attorney (Exhibit 1); seconded by Council Member M . b) Vote on motion to read by title only. KIRK -YEA MAXWELL-YEA O'CONNO -YEA WATFORD - YEA WILLIAMS - YEA OTION CARRIED. C) Attorney _L read proposed Ordinance No. 1071 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING FOR IMPACT FEE PAYMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE." 2. a) ouncil Member M0 moved to adopt proposed Ordinance No. 1071; seconded by Council Member 1 b) Public discussion and comments. cC /1Lpoex CvJ , �l 4 (A O C) Vote on motion. KIRK - YEA MAXWELL - YEA WATFORD - YEA WILLIAMS - YEA MAYOR CLOSE PUBLIC HEARING AT P.M. O' NO - YEA (MOTION CARI tk�t dD W qYtIL4, LID CDOLP�c, 4 k- QL4 ztjt a& . YYU- d Y-A C\d LOW J- I `ICU)jt' �m (d- 0 cow- L"'I J-LLO h ttb ka 6 F (d (:o �ot �\Wt it tva Ouli (Lk 4LAJ� L- a CLIL aAt CC UAL, CPW VCO/Oak�A 6 a, 6 -per(., ('A(1aaC�f�'k��,{� CC1k�'J�fz cam- �' QC��07u c C' Al u� � ' shams c� v wt� Aw a,6 �Swu U6 (5kati I�AY-kt 1 ruc ins` k C eN-�,- F-<% u °mil' ( , " G � (�1 l a N. Cif, �a'� ��u- � tln.e-c L L �2� b''l jD ,,- - 5CE U-�- f-4b /lti imp i O�c?, 4�- 4( o-&p At t,Olt' �vt ,J IX. UNFINISHED BUSINESS. A. Consider amendments to the Election Code - City Clerk (Exhibit 2). X. NEW BUSINESS. A.1.a) Council Member moved to read by title only and set June 7, 2011 as a final pu is proposed Ordinance No. 1072 regarding pain management clinics - City Attorney (Exhi t Council Member b) Vote on motion to read by title only and set final public he ring date. VOTE KIRK - YEA MAXWELL - YEA O'CONNO YEA WATFORD - YEA WILLIAMS - YEA MOTION ARRIED C) City Attorney to read proposed Ordinance No. 1072 b 'tie ly. hearing date for 3); seconded by 2. a) Council Member moved to approve th Irst re I f proposed Ordinance No.1072; seconded by Council Member b) Discussion. C) Vote on motion. KIRK - YEA WATFORD - YEA MAXWELL-YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. B. Consider summer meeting schedule - City Clerk (Exhibit 4). C. KIRK - YEA MAXWELL - YEA ' WATFORD -YEA WILLIAMS -YEA MOTION CA RIED. Consider Citizen Board Appointments - City Clerk (Exhibit 5). KIRK - YEA MAXWELL - YEA 0'C_ WATFORD - YEA WILLIAMS - YEA �� CARRIE 9 D. Jn to approve a Memorandum of Agreement with the Office of Tourism, Trade and Economic Development for the implementation of the Rural Area of Critical Economic Concern (RACEC) re -designation for another five-year term with an expiration date of April 22, 2016 - City Administrator (Exhibit 6). 1) ( ► I 1 �- RLd, 4- KIRK - YEA MAXWELL - YEA O'C - YEA WATFORD - YEA WILLIAMS - YEA OTIO�CARRIE f� Pq � ,� odd& od e X. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor adjourned the meeting at7� p.m. The next meeting will be . 2011 at 6:00 p.m. --Y-- C lLw-o,,A�j OAVA c �44 -- wodmitt /I e) J U-LCAA ALI) 's ku 7 C, OV- /CAa "ecaLi taqwjl- VO4 Axj� / /Y)C/u //XoK&c h bt VO4E Gu I-c- CITY OF OKEECHOBEE MAY 17, 2011 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 • I. CALL TO ORDER- MAYOR: May 17, 2011, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Present a Five -Year Longevity Service Award to Kelley Margerum. B. Proclaim the week of June 6-10, 2011 as "Code Enforcement Officers' Appreciation Week." MAY 17, 2011 PAGE 2 of 3 V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the May 3, 2011 Regular Meeting - City Clerk. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2011 Warrant Register. General Fund $401,857.82 Public Facility Fund $107,025.28 Capital Improvement Fund $ 29,449.39 Capital Impact Fee Fund $ 9,072.00 VII. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk. A.1.a) Motion to read by title only proposed Ordinance No.1071 regarding Impact Fees - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1071 by title only. 2.a) Motion to adopt Ordinance No. 1071. b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING. MAY 17, 2011 PAGE 3 OF 3 IX. UNFINISHED BUSINESS. A. Consider amendments to the Election Code - City Clerk (Exhibit 2). X. NEW BUSINESS. A.1.a) Motion to read by title only and set June 7, 2011 as a final public hearing date for proposed Ordinance No.1072 regarding pain management clinics - City Attorney (Exhibit 3). • b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1072 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1072. b) Discussion. c) Vote on motion. B. Consider summer meeting schedule - City Clerk (Exhibit 4). C. Consider Citizen Board Appointments - City Clerk (Exhibit 5). iD. Motion to approve a Memorandum of Agreement with the Office of Tourism, Trade and Economic Development for the implementation of the Rural Area of Critical Economic Concern (RACEC) re -designation for another five-year term with an expiration date of April 22, 2016 - City Administrator (Exhibit 6). XI. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk NDEPENDEINT TdEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a _-� in the matter of — = 1_ f ( ICI' i l r. a i_ r, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issuys of_- -f !r Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. " Tom Byrd Sworn to and subscribed before me this f 4 day of AD i Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF FLORIDA Angie Bridges `".0Commission #DD779718 1 Expires: APR. 20, 2012 BONDED TBRU ATLANTIC AONDLNG CO., LNC. CITY COUNCIL MEETING NOTICE NOTICE 19 HEREBY GIVEN that the City Council of the City of i chobee will meet in Regular Session on Tue Y,, May 17, 2011 at p.m., at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The I is invited and encouraged ro attend. PLEA TAKE NOTICE AND BE ADV6ED that no stenographic record certified court reporter will be made of the foregoing meebng. Accord any person who may seek to appeal any declslon involving the matter bced herein vdll be responsible for making a verbatim record of Me he nyy and evidence at said meeting upon which any appeal is to be M Please contaR City Admimshation at 863-763-3372, or website www ciNofok chobee corn, to obtain a copy of the agenda. In attordanca with the Amencans with Disabilities Act (ADA) of 1990 sons needing special accommotlation to parlidpate in this procef should contact the City Gerk's Office at 863-763-3372 for assistance. by. lames E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk - 1386585 ON 5/13/2011 "llawilroluilf, y . • q.. , r Office of the Mayor Okeecbobee, Flotzda - WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim June 6 - 10, 2011 as "CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK" in the City of Okeechobee. In witness whereof I have hereunto set my hand and caused this seal to be affixed. C. &trx,,,Mayor 1NDEPE NEWSPI OKEECHOBEE NEWS Aker,,, "We STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, EL 3.4974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a _ in the matter of _ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Toni Byrd Sworn to and subscribed before me this day of AD Notary Public, State of Florida at Large (863) 763-3134 PUBLIC NOTICE CONSIDERATIONS OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the Clly Council of the City of Okei Florida will on Tuesday, May 17, 2011 at 6:00 " or as soon d possible, at Gty Hall, 55 SE 3rd Ave., Okeechobee, PL congaet a HEARING on and thereafter to consider final reading of the followi ,a,. into law: Ord No. 1071: AN ORDINANCE OF THE CITY OI E AND 8E ADVISED that no stenographic record by a ced will be mad, of the foregdn9 meeting. Accordingly, any seek [o appeal any V'on Involving Ne matters not responsible for making a verbatim record of the tesbn at said meeting upon which any appeal is to be based. PI ]ministration at 863-763-3372, or website :echobee.comto obtain a cdpy of the agenda. �m with the Americans with Disabilities Act (ADA) of 1990 special accommodation to participate in this proceE the City Clerk's Office at 863-763-3372 for assistance. ;irk, Mayor :ea, CMC, City Clerk 0 0 IX. UNFINISHED BUSINESS Dmim 2 MAY I7, 20II A. Consider amendments to the Election Code - City Clerk (Exhibit 2). (Exhibit will be provided by City Clerk) DMIBIT 3 MY 17, 2011 X. NEW BUSINESS. A. Ordinance No. 1072, pain management clinics - City Attorney (Exhibit 3). (Exhibit will be provided by the City Attorney) BMIBIT 4 • 0 MAY 17, 2011 s M T W T F s 1 2 3 4 i 5 6 7 8 9 10 ;11 Recommend OHS Graduation Clerk's Academy cancelling this 8 pm CC meeting 12 13 14 15 116 17 18 Clerks Academy Clerks Academy Code Bd Mtg Clerks Academy TRC 10 am 6:30 pm PB/BOA Clerks Academy 6 pm Flag Day 19 20 21 22 23 24 25 Fathers Day Reg CC Mtg 6 pm 26 27 28 29 30 Staff rec mmends ancelling the J ine 7th Meeting July 011 August 2011 • is • • EkHIBIT 5 MEMORANDUM To: Mayor Kirk and Council Members From: Lane Gamiotea, City Clerk 1�1, Subject: Citizen Board Appointments Date: May 10, 2011 We still have vacancies on the following boards: Code Enforcement Board 2 vacancies General/OUA Pension Board 1 vacancy Police Pension Board 1 vacancy MAY 17, 2011 We have received an application for the Code Enforcement Board (attached). A motion would be in order to approve an alternate member term ending April 30, 2013. Should you have any questions, or require additional information, please do not hesitate to contact me. venue * Okeechobee * Florida * 34974 APPLICATION FOR CITY BOARDICOMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considering action on your appointment. The application MUST BE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. ,-CHECK BOARD(S) OF INTEREST TO YOU A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards. Q Planning Board -- Board Code ❑ Okeechobee Utility ❑ General Employees ❑ Other. of Adjustment & Appeals -- Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: ' NAME COMMONLY USED: �O RESIDENCE ADDRESS: HOW LONG AT ADDRESS: �� Years Is this in the City Limits., Yes QNo MAILING ADDRESS: 21 — AVP HOME TELEPHONE: CELL/OTHER TELEPHONE: �3 - (o q —1 14 � , —�_ CURRENT EMPLOYER & OCCUPATION: O' I BUSINESS ADDRESS: O fld k s WORK TELEPHONE: '3_ FAX NUMBER(S): _ DATE OF BIRTH: b ' ARE YOU A US CITIZEN? Yes ❑No, explain: FLORIDA REGISTERED VOTER? 4Yes County Registered in: �,� QNo EDUCATION: High School Name & Location: Su lO m a nC k P - Year Graduated: Kt--1 O POST SECONDARY EDUCATION: NAME & LOCATION: DATESATTENDED: CERTIFICCATODEGREE REC'D: nh S1a rc)gl- kt- ( _Ply ik-�?z- L'.cZoc-Q- ce r-i laf5'7_i4��s , usS- ps 45 S F ) r o, s C-� err MILITARY SERVICE: DATES: BRANCH: DATE DISCHARGED: V A ARE YOU CURRENTLY EMPLOYED AS: OGeneral Contractor ❑Business Person OArchitect O (✓ALL THAT APPLY) DEngineer USub-Contractor ❑Realtor DAttomey ❑Doctor ❑Surveyor QLay Person DUrban Planner DLandscape Architect 7 LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES Aori,�- HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLYSRVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? DYES QNO IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORY THAT QUALIFY YOU FOR THIS APPOINTMENT. L h tv, - y,`� k `1 V CLc1:�lks s rud ,� 4 s ryw-aAs 131) �!111uc1-Zhts y G PROFESSIONAL CERTIFICATIJON(S) OR DESIGNATION(S) RELATED TO HAVE YOU RECEIVED ANY DEGREE(S'�, THE SUBJECT MATTER OF THIS APPOINTMENT? DYES -',ONO. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? DYES NO IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSA�F THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) DYES NO IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? lv p HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIpA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? DYES 44NO IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THATARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: I SEX: OMALF FEMALE ETHNIC GROUP: FICAUCASIAN DBLACK ❑SPANISH HERITAGE ONATIVE AMERICAN ❑ASiAN OR PACIFIC ISLANDER OOTHER(specify): /ALL THAT APPLY: OWARTIME PERIOD VETERAN ODISABLED VETERAN OVIETNAM VETERAN HANDICAPPED STATUS: DYES 'I(NO IF YES, WHAT IS THE HANDICAP? ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE © OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FRO PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1? OYES NnNO DESCRIBEANY SKILLSAND BACKGROUND INFORMATION ABO UTYO U RSELF THAT WOULD BEHELPFULTOTHE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that I have read and understand each of the above statements_ Signature of ©The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." ®Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see 9119.07(3)(k)1, F.S.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3RD AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY., BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED. CERTIFICATE AWARDED: E • EXHIBIT 6 MAY 17, 2011 THIS STANDARD MEMORANDUM OF AGREEMENT IS A COOPERATIVE AGREEMENT BETWEEN: THE OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT AND THE CITY OF OKEECHOBEE, FLORIDA Background and Purpose of Agreement The purpose of this Memorandum of Agreement (MOA) is to document the terms and conditions of the implementation of the Rural Area of Critical Economic Concern (RACEC) re -designation. The Governor and Legislature recognize that successful rural communities are essential to the overall success of the state's economy and quality of life, yet many rural communities struggle to maintain, support or enhance job creation activities and to generate revenues for critical services. Section 288.0656, Florida Statutes authorizes the establishment of the Rural Economic Development Initiative (REDI) within the Office of Tourism, Trade and Economic Development (OTTED) and the participation of state and regional organizations. Section 288.0656 also provides for the designation of up to three RACEC areas, which are rural communities that have been adversely affected by extraordinary economic events, severe or chronic distress, or a natural disaster. On February 16, 2006, Governor Bush signed Executive Order #06-34 which implemented the continued designation of the Counties of DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee, and the Cities of Belle Glade, Pahokee, and South Bay, and the area around Immokalee included within the Round II Federal Enterprise Community located in northeast Collier County. as a RACEC area with an expiration date of February 16, 2011. Pursuant to Section 288.0656 (7), Florida Statutes, representatives of the state and regional agencies and organizations comprising the REDI met on November 19, 2010 and recommended the re -designation of this area. On April 22, 2011, Governor Rick Scott signed Executive Order #11-81 which re- designated the area for another five-year term with an expiration date of April 22, 2016. II. The Rural Economic Development Initiative (REDI) REDI is a proactive, multi -agency effort responsible for coordinating and focusing efforts and resources of state and regional agencies on problems which affect the fiscal, economic, and community viability of Florida's rural counties and communities. REDI works with local governments, community -based organizations, and private organizations on the growth and development of these communities to find ways to enhance the local economy and resolve issues while balancing the local environment and growth management needs. Participating REDI representatives: • Act as the primary point of contact for their agencies on issues and projects relating to rural communities. • Ensure prompt and effective response to problems. • Work closely with other representatives in the identification of opportunities for preferential awards of program funds and allowances and waiver of program requirements when necessary to encourage and facilitate long-term private capital investment and job creation. • Review statutes and regulations and work to mitigate adverse impact. • Ensure that each district office of their agencies is informed about REDI and provide assistance throughout their agency in the implementation of projects and issues relating to the RACEC. • Identify projects within a designated RACEC as priority assignments. On a case -by -case basis, REDI may recommend to the Governor waivers of criteria, requirements or provisions of certain economic development incentives. Such incentives shall include, but not be limited to: the Qualified Targeted Industry Tax Refund Program, the Quick Response Training Program, the WAGES Quick Response Training Program, the Economic Development Transportation Fund, the Brownfield Bonus Tax Program, and the Rural Job Tax Credit Program. REDI annually reviews the RACEC designation and may recommend that the designation of the area or counties or municipalities be terminated or continued based on economic development progress from current base lines or performance under this memorandum of agreement. Ill. The Participating Community Pursuant to Section 288.0656, Florida Statutes, and Executive Order #11-81, re -designation as a RACEC shall be contingent upon the execution of a Memorandum of Agreement between OTTED and the governing bodies of the counties and the municipalities included within the area. Such memoranda shall specify the terms and conditions of the designations and the duties and responsibilities of the counties and municipalities. The City of Okeechobee makes the following commitments. 1. Designate a specific person from among the City of Okeechobee elected or appointed officials and one person from a non-profit organization engaged in economic development activity to serve as an alternate for the community in matters relating to the South Central Florida RACEC. The contact information form for these individuals is attached as Exhibit A. These individuals may be the same designee to serve as the community's representative to other, similar organizations. The City will inform OTTED of any changes to the specified persons within ten days of a change. 2. Actively participate in the RACEC regional economic development organization by attending meetings on a regular basis and taking part in regional economic development initiatives. OTTED strongly encourages the city's participation in initiatives sponsored by the regional organization such as national and regional marketing; trade shows; regional branding; and through the payment of assessed dues. 3. Catalyst Projects within the South Central Florida RACEC shall be priority assignments for local agencies under the control of the governing body of Okeechobee. These agencies will work cooperatively with REDI agencies to implement these projects. 4. The City of Okeechobee will work to ensure priority consideration and cooperation among local organizations to support projects that facilitate the retention and expansion of existing businesses as well as the recruitment of new businesses, and to improve the quality of life for their residents. IV. Implementation and Duration Pursuant to Executive Order #11-81, the re -designation of the South Central Florida RACEC affecting the Counties of DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee, and the Cities of Belle Glade, Pahokee, and South Bay, and the area around Immokalee included within the Round II Federal Enterprise Community located in northeast Collier County shall be in effect for five years and will expire on April 22, 2016. REDI may recommend this agreement be terminated or continued based on economic development progress from current base lines or performance under the memoranda of agreement. 1. This MOA shall take effect immediately upon signature by the parties involved. 2. This MOA shall expire on April 22, 2016 unless terminated earlier. 3. Both parties shall review this MOA periodically. If revisions are needed, notification shall be given to both parties in writing of the specific changes desired with the proposed modification language and the reasons for the revisions. With the mutual consent of both parties, the proposed changes shall become effective when both parties to the MOA have signed a modification to this agreement. 4. The City of Okeechobee may terminate this MOA at any time upon written notice to OTTED. In Witness whereof, the parties have executed this Memorandum of Agreement this day of , 2011. Michelle Dennard Office of Tourism, Trade and Economic Development James E. Kirk, Mayor The City of Okeechobee The City of Okeechobee EXHIBIT A Contact Information For An Elected or Appointed Official Name: Address: Phone: Fax: Email: Contact Information For One Person From A Non -Profit Organization Engaged in Economic Development Name: Address: Phone: Fax: Email: Please complete this page and return with the signed MOA. The City is required to inform OTTED of any changes within ten days of a change. MEMORANDUM To: Mayor Kirk, and City Council Members From: Robin Brock, Executive Secretary Subject: Additional Agenda Item Date: May 17, 2011 Gary Ritter, SFWMD, called today and requested to be added to tonight's agenda for a 5- minute presentation to advise the City Council of SFWMD's newlyselected Executive Director and Board Members. This is a discussion item; therefore, there is no exhibit. Let me know should you have any questions. Thank you. The Updates! from the City Administrator's Desk SS SE 3rd Av., Okeechobee, FL 34974 °19t5°° City Hall — 763-3372 City Council meeting of May 17 2011 • Impact fee Ord #1071 - 2Id Rdg is on the Agenda. As reported earlier, both the County and School District appear to be on board with keeping the fees in tact with a fee evaluation process. I've asked the county to forward what they have for an RFP on the evaluation front. • Summer meeting schedule on Agenda - each year we examine the vacations etc and reduce our mtg schedule to once a month. Staff is recommending cancelling the 1st of the month reg scheduled meeting for Jun -Aug. • Butterfly garden. Park #6 - Have advised that a faction has expressed interest in rejuvenating the park. They have started w/ some transplanting already. • CDBG is successful — Rec'd confirmation from the DCA advising that the Community Devel Block Grant (CDBG) for housing is to be funded. The City's goal is to fund approx ten housing rehabilitation projects for low-income residents at an average cost of $59k. • County Grant - The County rec'd approx $150k from a disaster recovery enhancement fund grant that will be used to assist low-income properties affected by TS Faye in buyouts or housing repair. They will consider houses located inside the City. • City garage building_- Almost done. • Legislation update - there have been a few legislative updates distributed from various sources and the FL Leag is a great source for abbreviating the status of House and Senate bills. The FLC will produce a final report in the next week or so. I've asked Dale Milita to provide a summary of his lobbying efforts for this year's legislative session. One issue, segue into the next item, is that the State's approval the extension of Okeechobee as part of a rural area of critical economic concern (RACEC) though 2016. • Agreement w/ the State Office of Tourism relating to RACEC - On the Agenda is the Agreement, which also designates representatives in RACEC related matters. • Resident required to mow R-O-W issues - I'm leaving this Code com- pliance/amendment issue alone for the time being. • Bldg remodel in the Finance area to accom CPU - mentioned priorhereto about having adequate budget to proceed w/ installing a room in the lobby of the finance dept (K Barmes office) to coordinate the City Hall computer server etc. Page 1 5/17/11 Activity Rpt Cont'd - • Bike Fest — the May 7t" event was successful but there were some issues about possession of alcohol in the park. You might recall that they had a beer tent on the south side of SW Park St. Naturally, some of the attendees walked across the street to the park w/ beer. City Code (Sect'n 14-172) prohibits alcohol in any City park and while the event proceeded without incident, there were some visitors that thought the policy was too restrictive. I rec'd some input as to reconsidering the policy in connection with an event such as this. Does the City wish to visit this matter during a future meeting? • Evaluation and Appraisal Report (EAR) — Spoke to Bill Brisson about starting on the map corrections as indicated on the EAR report. • Sign Ord — As a result of a prior meeting's discussion, / propose that the sign provisions of the Code dealing with the running/apparent moving/blinking etc. variety of sign be prohibited completely (except time/temp and barber type) with the existing ones being 'grandfathered' in. City Attorney/litigation issues: • Chamber eviction — I distributed a summary of the 4/28/11 discussion I had w/ IRS field reps wherein I was advised that the IRS plans to conduct a liquidation of assets through sealed bid sometime in June, including the lease value. Chamber Pres. TerryBurroughs was present and helped question the agents on an assortment of issues. The Atty and I are both frustrated over progress. John has contacted the Judge's office along with Judge Bryant requesting action. He also mentioned consulting with a tax attorney about the IRS action. • Carter Pritchett Advertising v. City billboard issue — Rec'd a letter dated 12/27/10 from Atty Bob Shearman, representing the City, that Atty Steve Ramunni essentially said they can't move the proposed location easterly and proposed the City accept a 20 year (vs 10 year) period before non-conformance is initiated. As soon as we converse w/ the Attorneys, we will set up a meeting w/ the City Council. City Clerk: • Activity report is attached. • Procedure in the event of an election tie — see notes on Pg 2 of the report mentioned above. Recall that the Council's request was to investigate minimizing the number of days to hold a subsequent run-off Special Election. Finance: • Account Clerk resignation — I sent an email confirming that Sharon Allison is resigning in order to spend more time with her ailing husband. As a very loyal employee we will certainly miss Sharon's dedication to the City. The other part of that equation is that we advertised for the position and have been narrowing down the applicant. Page 2 5117111 Activity Rpt (Finance) Cont'd - • Investment Policy - We've done additional research on same. Robin compiled a definitions report on various investments that I'm filtering through to assist in identifying the options we wish to end up with. General Services: • Street Sweeping - Extended the contract for a one-year period at $40,500. Again, Donnie and I met with the current contractor, Amerisweeps, about service. • Planner : Attached, find a 6-page memo from Bill Brisson citing several different planning clarification issues, many which have been identified during our discussion at the Technical Review process or the Planning Board discussion. Police: • Pain clinics - In May 2010 the City adopted a 1-yr moratorium on pain clinics, which has expired. We have been delaying taking action on continuing the moratorium until after we see the State's action. Attached, is the best article I've seen on clarifying the State's pill mill legislation. Atty Cook believes there is still a need to develop a moratorium which includes additional safeguards... the matter (ordinance) has been placed on the Agenda. • SLERS radio system - Have nothing new to report. Public Works/Engineering: • SW 215t Street Storm Sewer project - nothing new to report on this project • Park at SE 61h Av & 7th St - Councilman O'Connor is spearheading the conceptual and I've been advised that Chris Close has proceeded with a layout of the Park for future review by the City Council. As you recall, Gary Ritter expressed assistance if/when we request a dock -like platform around the park. On the south side of the proposed park (east of the lift station) there is an open ditch that we are installing a pipe in to alleviate water standing and improve maintenance. • SW 11 `h Street dry retention area - As part of a County 2008 hurricane disaster mitigation CDBG we met with the County back in Dec 2009 to consider any applicable City initiatives. With the criteria described, we arrived at two projects. SW 215` Storm sewer project and the 200 block of SW 111h St. At an estimated $20, 000, the project seemed doable and it is now finally being brought to the forefront as a county constructed project. Essentially the ROW will be excavated and replaced with a dry retention area. • Commerce Park lakes and wetland - On 2/11/11 staff, incl Councilman Maxwell, met with SFWMD reps and Gene Schriner, CAS, to discuss SFWMD's lack of certifications nec to `complete' the Park construction approval process We have discussed the matter w/ CAS since and they have produced some documentation. After we solicit CAS for all the info they have, we will by process of elimination, solicit similar as built certification from AECOM and Surveyor Leland Dyals. Page 3 0 STAFF ACTIVITY/STATUS REPORT TO: Administrator Whitehall FROM: City Clerk Gamiotea DATE: May 11, 2011 In addition to our daily routine work, here are items of notable interest: Citizen Boards - We need several CITY RESIDENTS for various board appointments. The applications are on the City's web site or in the Clerk's Office. Two appointments on the Code Enforcement Board, One on the General Employee's Pension Board of Trustee's, and One on the Police Pension Board of Trustee's. *Please Note: the Pension Attorney sent a message that if the City does not appoint a member very soon the State can fine the City. His comment was he was surprised we have not already received a letter from the State. Population - We received the official population count from the Census Bureau and they are using the same number as the 2010 Census without any challenges, which is 5,621. Population in 2009 was 5,377, and in 2008 was 5,496. Fire Chiefs Wall of Honor - I was contacted by Betty Williamson and Bonnie Thomas to assist in finishing a project that was started many years ago by Pearl Godwin. Mrs. Godwin's health is failing and she wants to see this project completed. We are in the process of obtaining pictures of former Fire Chiefs, having them framed and displayed at the Fire Department. Chief Smith is assisting with the project as well. Dates to Note - 0 May 30 is a holiday observed by the City for Memorial Day 4 June 11-15 Melisa and i both will be out of the office to attend the FACC Summer Academy, we are also on the committee that hosts this conference. Personnel - • We are currently advertising for a Part -Time Janitor and Full -Time Accounts Clerk. Both positions will remain open until filled. The job descriptions and applications are available on the City W eb site. Page 1 of 3 • When the City Council changed the title years ago from Finance Director to Accounts Supervisor several documents were required to be amended. I reviewed what documents specially noted the duties or responsibilities of the "Accounts Supervisor," as this may require changes again due to the title changing back to Finance Director. You may want to review them with the City Attorney. To date, the documents I have identified are: -Resolution No. 06-04 "A Resolution authorizing signing of the City public depositors report by the City Administrator, Accounts Supervisor and Accounts Clerk for the City." -Code Book Section 2-231 Procedure for payment by check. • Two new Temporary Part -Time Maintenance Operators were processed utilizing Workforce Solutions. Welcome to the City Mr. Jeffrey Treece, who began work on May 9 and Mr. Bruce Watford who will begin work on May 16. i Happy Birthday's will be going out to: JP Ziegler 6/10. • Happy Anniversaries will be going out to: Bill & Gail Saum 22 yrs on 5/19, Sharon & Danny Allison 29 yrs 5/22, Donna & David Grimes 4 yrs on 5/22, Sammy & Ann Hancock 43 yrs on 5/24, Frank & Bridget Irby 43 yrs on 6/1, Scott & Lisa Morgan 2 yrs on 6/6, Malissa & Gordon Morgan 22 yrs on 6/8 and Phil & Michele Baughman 26 yrs on 6/15. Summer Schedule - The summer meeting schedule will be addressed at the May 17 meeting. Miscellaneous, FYI's & Pending Projects - - Election Code - the 90 day minimum requirement to hold a Special Election has been researched. Prior to 2002 the minimum requirement was 30 days, and had been since as far back as I could find. The City had to adopt several modifications to the Election Code in 2002 due to State Election Law changes, causing the change from 30 to 90 days in order to meet State Laws. Mrs. Chandler is verifying whether the 90 days can be modified in any way and still meet the State requirements. I expect to have this information to the Council at the May 17 meeting. — Laser Fiche (Records Management) - this software program is not being used to its full capacity. Once our web site provider is upgraded, our public records will be available via the internet. - Creating a Committee to review the applications for the recipient of the Paragon Award. — Revising the Employee Handbook (Personnel Policies and Procedures). — Finishing the final audit on the Election Files from the 2010 General Election. — Revising/Updating the Citizen Board Handbook. — Processing calendar year records transferred to our department for records retention. — Records inventorying and processing for Fiscal Year ending from various departments and identifying records that are not being turned over. Developing a simplistic process regarding email records retention. Page 2 of 3 Planning services Memorandum To: Brian Whitehall, City Administrator From: Bill Brisson Date: April 20, 2011 Subject: Proposed changes to LDC Over the past year or so, we have been keeping track of the various zoning issues and questions as they arose in order to combine them into one amendment thereby reducing the advertising, notification, and meeting costs. Following are the planning and zoning issues we feel should be addressed now or in the near future. Text to be deleted is shown in strikeeut format and new text is urEliiiri arilhighli?tfed. I. Provision allowing a dwelling unit in certain commercial zoning districts. The LDC currently allows "One dwelling unit per commercial building" as a Special Exception use the CLT and CHV zoning districts (§90-253(15) in the CLT district and §90- 282(17) in the CHV district). However, there is no indication given as to how and where such dwelling unit is to be located. Without such direction, one could interpret it to mean that the dwelling could be located as a separate structure on the commercial property. We do not believe this was the intent, rather, we suspect the intent was for the unit to be part of the commercial building, most likely above the commercial use. Further, there is nothing in the Comprehensive Plan that gives indication that residential use is allowable on properties in the Commercial Future Land Use Category. We believe this should be addressed during the EAR -based amendment and suggest that the City consider allowing more intense residential use above or behind commercial uses, thereby encouraging mixed -use. We also suggest that this could also be allowed in the CPO and CBD districts. RECOMMEDATION: Defer changing the LDC until the Comp Plan is amended to accommodate residential use in the Commercial Future Land Use Category. Providing Planning and Management Solutions for Local Governments Since 1988 _.._ ..... ........ ....... _.... 1375 Jackson Street, Suite 206 Fort Mvers, FL_ 33901 239-334 3366 info(Oarueplanning.com 2 2. Ensure that all development, except an individual single-family home on a platted lot, is required to provide sidewalk(s). Section 78-36 requires that all projects, except those in residential zoning districts, provide sidewalks along adjacent arterial streets, collector streets, or city rights -of -way. However, in Okeechobee the term "residential' has usually been interpreted as referring to single-family use, with duplex and multi -family projects having been viewed as "commercial". Therefore, the City has typically been requiring sidewalks in all cases except individual single-family construction on a platted lot. To ensure clarity and consistency in implementation, we believe this should be clearly stated in the LDC and recommend modifying §78-36(a)(1) to read as follows: Sec. 78-36 Sidewalks, driveways, and pedestrian access. (a) When required. (1) All projects, ; "�,tl o "iity tvi rs " d .` "t dwid� sixY"` lei am 1 '` structit'rr�:= constructed in zoning districts set out in Section 90-71 of this Code, wherein the lands of the owner and/or developer adjoin a collector or arterial street or city right of way, shall provide sidewalks adjacent along each such street or right of way. 3. Eliminate §90-935 in its entirety (it is a duplication of §90-934) and change the title and introductory text of §90-934 to read as follows: Sec.90-534. Required buffer areas. a uXd i n x �e i3 = except for these assoeiated with " an individual single-family or duplex structure, landscaped buffer areas shall be required within required setbacks and landscaped as follows: 4. Change the title of Division 9 on page CD90:52.1 The current title is misleading in that it refers only to Special Exceptions, but the regulations contained in the section also apply to certain permitted uses. Therefore we recommend changing the title to read as follows: DIVISION 9. SPECIAL EXCEPTION UI'EZ�tT USE REGULATIONS 5. Add definitions for height and height of structure The regulations for height in each of the zoning districts use the terminology "Maximum height of structure" or "Maximum height", but the definition that explains how to measure height is listed only under "building height". A building is only one of a number of types of structures for which height must be measured. Therefore, we recommend adding new definitions to §66-1, to read as follows: 3 t�Y. (�1��fbuildisi�M 6. Modify the setback provisions contained in the Special Exceptions section pertaining to Community Centers, Adult Family Care Homes or Adult Congregate Living Facilities, and Houses of worship to ensure that if these uses are located within a residential zoning district they are properly setback from adjacent residential properties. The current wording requires these uses to be set back at least 50 feet from an abutting residential zoning district, but omits requiring such uses located within a residential zoning district to be set back at least 50 feet from an adjoining residential property in the same residential zoning district. Therefore, we recommend changing Sections 90-693(3), 90- 695(3) and 90-696(3) each to read as follows: (3) Minimum yards Front 40 feet Side 25 feet; 50 feet abutting residential zoning district 'di i I Rear 25 feet; 50 feet abutting residential zoning district A 7. Formalize requirement for 20' reservoir/back-out room from I' parking space to property line, except that TRC may waive if there is no likelihood of the road ever being widened. In such cases, the 20' reservoir should be measured from the parking space to the edge of roadway. There is presently no specific requirement in the LDC to separate the first parking space in a parking lot from the right-of-way of an adjacent roadway. However, to avoid conflicts between traffic entering a parking area and vehicles pulling out of parking spaces or otherwise blocking entry into a parking lot, a 20-f000t separation has, in most cases, been required by the TRC. This also provides stacking room off the roadway for a vehicle wishing to enter a parking area when entrance is blocked and the vehicle would otherwise be left sitting in the driving lane of the road. Therefore we recommend adding a new subsection 90-511(e)(6) to read as follows: 4 8. Development with four or more duplex of multi -family dwelling units should be required to provide an enclosed area for trash cans or a dumpster(s). No street -side should be allowed. Regulations governing containers for garbage and trash are contained in Sec. 30-35 of the City's Code of Ordinances, which requires apartments of four or more units to uses com- mercial sanitary garbage containers as required by the City. We believe this language is too vague and that for residential development of four or more units, trash and garbage cans and/or dumpsters should be located at a central facility that is screened from view by a fence or wall. Therefore, we recommend modifying §30-35(c) to read as follows: Sec. 30-35. Containers required for garbage and trash. tau t ari l taG i are required to use commercial sanitary garbage containers as approved by the city. 9. The regulations and definition of "Outdoor vehicle sales lots" are vague. Recent inquiries from property owners have been involved some unique approaches requiring interpretation by Staff. This section should be clarified. For example: (a) The City recently received a request by the owner of an office building to rent an office and five (5) parking spaces to an individual for display and sale of used autos in the portion of the parking lot fronting one of the City's major roadways. We reviewed the situation and responded that this situation is not one that is appropriate for consideration as an "Outdoor vehicle sales lot" We explained that the special exception for an "Outdoor vehicle sales lot" is intended to allow the discrete use of an individual property for outdoor display of vehicles for sale, not just the use of a portion of a parking lot devoted to another use. To allow consideration of outdoor vehicle display in a parking lot of another business would open up the possibility of having outdoor vehicle display and sales in any parking lot that is underutilized. It could result in a proliferation of outdoor display and sales of autos throughout the city in parking lots of businesses when the businesses are not doing well economically and the owners wish to use underutilized parking spaces to generate additional income. (b) The definition of "Outdoor vehicle sales lot" should also be modified to specifically exclude golf carts, riding mowers and go-carts. This is to avoid the scenario where someone who displayed such items claims theyare vehicles and are therefore entitled to also sell autos, trucks, etc on the same site. Outdoor sales and display of golf carts, riding mowers and go-carts would be approved under a special exception for "outdoor sales and storage" not for an "outdoor vehicle sales lot". 5 We recommend modifying the definition "Outdoor vehicle sales lot", the parking requirement for automobile sales, and adding a new section, 90-702 providing additional regulations for this special exception use. We suggest the following definition and parking requirements: Outdoor vehicle sales lot means an establishment for the sales of new and used oper- able vehicles including cars, campers, recreational vehicles, trailers, trucks, boats and similar vehicles; and excluding gIf c farm equipment and mobile homes. DIVISION 3. OFF-STREET PARKING AND LOADING Sec. 90-512. Space regulations. (2) Commercial Uses:... Automobile sales. 1 per 400 square feet of floor area square et pf butd dr;° r+ fob aI s b Alan " 2. We also suggest that the City consider increasing the minimum lot size from 6,250 square feet and 50 feet in width to 10,000 square feet and 100 feet in width. We identified 12 new and used automobiles sales lots in and around the City and only one was on a parcel of less than 10,000 square feet. Most of smaller vehicle sales lots were on parcels between 14,000 and 21,000 square feet in area. leiak rq'uir'tnR 10. Add new requirement to the Application for ' e Plan Review requiring a Traffic Impact Analysis if the proposed project generates 00 or more peak how ve is e nn en using the trip generation factors for the most similar use as contained in the Institute of Transpor- tation Engineers most recent edition of Trip Generation. We have also suggested that the applications for rezonings and special exceptions also contain the requirement for a Traffic Impact Study. The wording in all three applications is proposed to read as follow: After you have had the opportunity to review these suggestions, please call and we can answer any questions you may have and make appropriate changes. Bill Florida law to rein in pill mills passed with large loopholes, critics complain Page 1 of 2 �� it .� Print this page Close Florida law to rein in pill mills passed with large loopholes, critics complain By BOB LAMENDOLA Sun Sentinel Updated: 1:47 p.m. Tuesday, May 10, 2011 Posted: 1:37 p.m. Tuesday, May 10, 2011 The pill mill bill passed by the Florida Legislature with great fanfare carries three sizable loopholes that may blunt the state's crackdown on rogue pain clinics. Critics of the legislation said the loopholes would weaken the state's attempt to combat pill mills and prescription drug dealers and abusers who go there. Bill supporters called the loopholes minor. "No bill is perfect. I'm sure someone will come up with ways around it," said Dr. Steven Rosenberg, vice chairman of the Florida Board of Medicine, which has been grappling with pill mills for three years. "[But] I believe law enforcement and the board now have the tools needed to end the careers of drug dealers hiding behind their M.D. degrees." Police contend a series of arrests and increased state oversight have thinned the pack of pain clinics. As of last week, there were 183 in South Florida, 118 in Central Florida and 838 statewide — down from 218, 124 and 911 respectively, in October. Here are the loopholes experts have noted in the bill Checking prescription database not required: The bill lets the state start a computer system, like ones used in 34 other states, which is due to start in late August. Drugstores must log every sale of prescription pain pills, to help spot drug dealers and abusers obtaining drugs from multiple sources. Legislators stopped short of requiring doctors and pharmacists to look up patients in the database before giving them pills. That means abusers could find networks of friendly providers to ignore the database and supply pills, said Paul Sloan, president of a pain clinic group, the Florida Society of Pain Management Providers. But officials said a doctor, pharmacist or police investigator likely would detect abusers before long. Exempted doctors: Physicians with big pain practices must register their offices, be inspected and follow stricter standards for patient care. Those rules do not apply to board -certified pain specialists with extra training, anesthesiologists, neurologists and surgeons. This is a huge loophole, Sloan said. His count shows half or more of pain clinics are run by board -certified pain doctors and other exempt doctors. "How effective can [the bill] be?" asked Sloan. "Window dressing. It's a bill to say'We had to pass something."' State officials countered that the exempted doctors have not been the main offenders or had the biggest abuses at their clinics. No drug testing: Doctors will have to start writing detailed treatment plans and monitor patients for pill abuse. But in the final compromise struck Friday, lawmakers dropped a medical board recommendation that patients get regular urine tests to detect pill abuse. Officials estimated it would cost pain patients $44 each, or $60 million a year Despite the loopholes, officials said the bill will attack pill mills in other ways. Doctors will automatically lose their licenses for six months and be fined $10,000 for violating the new rules. Pharmacies must undergo a new system of permits and inspections aiming to prevent pill mills from opening their own retail stores. Wholesale pill sellers must monitor drugstores purchases and report suspicious activity. http://www.palmbeachpost.cominewslstatelflorida-law-to-rein-in-pill-mills-passed-146639... 5/ 11 /2011 Florida law to rein in pill mills passed with large loopholes, critics complain Page 2 of 2 And, doctors and pain clinics will be banned from selling pills after July 1. In the first week of July, police will fan out across the state and visit clinics deemed by officials to be at "high risk" of illegal sales to seize leftover pain pills. Doctors can still prescribe pain drugs, but patients will have to get them at pharmacies. "This legislation says Florida is taking a stand against the pill mill problem and is catching up with the rest of the country," said Broward Sheriff Al Lamberti. Find this article at: Print this page Close http: //www-palmbeachpost. com/news/state/florida-law-to-rein-in-pill-mills-passed-1466394, htmi Skip the has sle of retyping Sour payment detojis. SPEM THROUGH CHECKOUT C1WOSEPCxyPal. ;, Check outMMMf�a"rl�/'�a�ll http://www.palmbeachpost.cominewslstate/florida-law-to-rein-in-pill-mills-passed-146639... 5/ 11 /2011